Revolutionary War Pension and Bounty Land Warrant Application File S. 5376, Samuel Faulconer, Va.

SERVICE
NUMBER
Va.
Falconer, Samuel
S 5376
CONTENTS
Carded.
This Envelope Includes
FINAL PAYMENT VOUCHER
Received from GAO

Virginia 12.552
Samuel Faulconer
of Spotsylvania in the State of Virginia who was a Pri. in the company commanded by Captain Scott of the by in the Virginia line for 9 months
Inscribed on the Roll of Virginia at the rate of 30 Dollars Cents per annum to commence on the 4th day of March, 1831.
Certificate of Pension issued the 9 th day of May in and sent Robt D. O. M c Frederickburg - Va.
Arrears to the 4th of March 1833 - 60 Semi-ann. allowance ending 4 th Sept " - 15
$75
{ Revolutionary Claim, } { No. June 7, 1832. }
Recorded by William Miller Clerk Book C. Vol. 6. Page 8

Office of the Bank United States, at Richmond, the 3 d . Sept 1833.
Received of the Agent for paying Revolutionary Dollars Pensioners, the sum of Sixty two.
91 Cents, in full for the Pension of Samuel Faulconer one of the United States Pensioners, for 25. 7/8 months from the 4 th day of March 1831, to the 9 th day of April 1833, for which I have signed duplicate receipts.
$ 62 91  Ent.
W. L. Moncur atty

Declaration in order to obtain the benefit of the act of congress passed June 7 th 1832
State of Virginia
County of Spotsylvania
On this 4 th day of Feby
personally appeared in this court before the County Court of Spotsylvania now sitting Samuel Faulconer a resident of the County & state aforesaid aged 76 years who being first duly sworn according to law both on his oath make the following declaration in order to obtain the benefit of the act of congress passed June 7 th 1832.
That he entered the service of the United States under Captain McWilliams, in the militia. He was drafted for a three months' tour & served out the same. He marched below Hanover Court-house on the way to Williamsburg, to which place they were at first ordered, but these orders were afterwards countermanded, & they were directed to return to Fredericksburg where he remained until the time for which he was drafted expired. He does not recollect what year this was in. After this he volunteered under Captain John Scott & went to Richmond York, at which place he served another tour of three months. This was the summer preceding the siege at York. At that time General Nelson was the highest officer in command at York. He returned home & immediately after was drafted again for another tour of three months under Captain Francis Coleman & went to York where he remained during the siege of that place. Upon the close of that siege he was ordered to guard the prisoners surrendered there, on their march to Winchester, but when he arrived as fast as Fredericksburg his term had expired & he was discharged. If he ever received any written discharge they are long since lost. He was born

in the County of Orange and is about seventy six years of age. The register of his birth is destroyed. He was a resident of Orange Spotsylvania at the time he served in the war as above stated. He has resided in said County ever since. He hereby relinquishes all claim whatever to a pension or annuity except the present, & declares that his name is not on the pension roll of the agency of any State. He has no documentary evidence of his services nor does he know of any one living who can prove them except, William Fisher and Hermann Lutherburg both residents of Orange who can prove the same at the siege of York. Samuel Faulconer
We Jacob H Howard a clergyman residing in the county of Spotsylvania & William Beasley. Residing in the same do hereby certify that we are well acquainted with Samuel Faulconer who has subscribed and sworn to the above declaration, that we believe him to be 76 years of age, that he is respected & believed in the neighborhood where he resides to be a soldier of the revolution & that we concur in that opinion. Sworn & subscribed to the day & year of our Lord. Jacob H Howard Wm Beasley
And the said Court do hereby declare their opinions after the investigation of the matter, and after putting the interrogatories prescribed by the War Department that the above named applicant was a soldier of the Revolutionary war, and served as he states, and the court further certifies that it appears to them that Jacob H Howard has produced the foregoing certificate as a clergyman resident in the County of Spotsylvania, and that William Beasley who has also signed the same is a resident in the County of Orange and is a credible person & that their statement is entitled to credit.
J Richard Stevenson Clerk of the

Question 1 Where and in what year were you born?
Answer. I was born in the County of Orange, on the 16 th July 1759
Ques 2 d Have you any record of your age & if so where is it.
Ans. I have no record of my age. It has been destroyed.
Ques 3. Where were you living when called into service, where have you lived since the Revolutionary war, and where do you now live?
Answer. I was living in the County of Spotsylvania when called into service, have lived there since the revolutionary war & am now a resident of said County.
Ques 4. How were you called into service, were you drafted, did you volunteer, or were you drafted substituted for whom
Answer. I was drafted for two terms of three months each and volunteered for one term of the same length of time.
Ques 5 th State the names of some of the regular officers, who were with the troops where you served such Continental and Militia regiments as you can recollect and the general circumstances of your service.
Answer. I never saw any of the regular officers in any of my towns that I recollect except the one at the Siege of York - I saw at that siege General Washington General Lafayette, Col M'Murder and many others whose names I cannot now recollect.
Ques 6 th Did you ever receive a discharge from the service, if so by whom was it given, & what has become of it?
Answer. I never rec d any written discharges, or if I did they are long since lost.
Ques 7. State the names of persons to whom you are known in your present neighborhood to whom you are known & who can testify as to your character for veracity & their belief of your service as a soldier of the Revolution.
Ans. I am known to Jeremiah Chandler, John Penny, R v Thomas

Joseph Henderson William Bright Jones, & many others all of whom I confidently believe will testify as to my character for veracity, and their belief of my revolutionary services.
I Richard L. Stevenson Clerk of the Court of Notary Public  Common Pleas do hereby certify that the foregoing contains the original proceed- ings of the said Court in the matter of the application of Samuel Faulconer for a pension.
In testimony whereof I have hereunto set my hand and seal of office this 5th day of February 1833. R. L. Stevenson

22,667.
Samuel Faulconer.
Virginia.
Admit for nine months as a private $ 32.00
Robert T. Powell, Agent. Fredericksburg, Virginia.

WAR DEPARTMENT,
Pension Office,
183
Sir:
The evidence in support of your claim, under the act of June 7, 1832, has been examined, and the papers are herewith returned. The following is a statement of your case in a tabular form. On comparing these papers with the following rules, and the subjoined notes, you will readily perceive that objections exist, which must be removed, before a pension can be allowed. The notes and the regulations will shew what is necessary to be done. Those points to which your attention is more particularly directed, you will find marked in the margin with a brace, (thus: { ). You will, when you return your papers to this Department, send this printed letter with them; and you will, by complying with this request, greatly facilitate the investigation of your claim.
A Statement, shewing the Service of Samuel Faulconer, of Spotsylvania
   Period when the service was rendered. Duration of the claimant's service. Rank of the claimant. Names and Rank of the Company officers under whom he served. Names and Rank of the General and Field officers. Battles in which the applicant was engaged. Country through which he marched. Place of abode when he entered the service, and age at the present period. Evidence by which the declaration is supported.   Years. Months. Days.     Drafted. 3. P. Capt. M c Wil- liams. Hanover, Williams- burg; Spotsyl- vania, Virginia. Tra- ditionary.   Col. 3. Op. Capt John Scott Gen. Wil- son York. York   Drafted. 3. Op. Capt. Fran- cis Pote- man.  
I am, respectfully,
Your obedient servant,
J. L. EDWARDS, Commissioner of Pensions.

REGULATIONS UNDER THE ACT OF JUNE 7, 1832.
The following regulations have been adopted:
This law has been construed to extend, as well to the line, as to every branch of the Staff of the Army, and to include under the terms "Continental Line," "State troops," "militia," and "volunteers," all persons enlisted, drafted, or who volunteered and who were bound to military service, but not those who were occasionally employed with the army upon civil contracts, such as Clerks to Commissaries and to Store Keepers, &c. Teamsters, Boatmen, &c. Persons who served on board of Private Armed Vessels are also excluded from the benefits of the law, as well as persons who turned out as patrols, or were engaged in guarding particular places at night, and were not recognized as being in actual military service.
Four general classes of cases are embraced in this law:
1. The Regular Troops. 2. The State Troops, Militia, and Volunteers. 3. Persons employed in the Naval service . 4. Indian Spies.
As rolls of the regular troops in the Revolutionary War exist in this Department, all persons, claiming the benefit of this law as officers, non-commissioned officers, musicians or privates, will in the first instance, make application by transmitting the following declaration, which will be made before a Court of Record of the County where such applicant resides. And every Court having by law a seal and Clerk is considered a Court of Record.
DECLARATION,
In order to obtain the benefit of the Act of Congress of the 7th of June, 1832.
State, Territory, or District of } ss. County of }
On this _____ day of _____ personally appeared (a) before A. B. a resident (b) of _____ in the county of _____ and State, Territory or District of _____ aged (c) _____ years, who being first duly sworn, according to law, doth on his oath make the following declaration, in order to obtain the benefit of the provision made by the act of Congress, passed June 7th, 1882. That he enlisted in the Army of the United States in the year (d) _____, with _____ and served in the _____ (e) regiment of the _____ line, under the following named officers:
[Here set forth the names and rank of the Field and Company Officers; the time he left the service; (and if he served under more than one term of enlistment, he must specify the particular period, and rank and names of his officers;) the town or county and State in which he resided when he entered the service; the battles, if any, in which he was engaged, and the country through which he marched. This form is to be varied so as to apply to the cases of officers and persons who belonged to the militia, volunteers, navy, &c.]
He hereby relinquishes every claim (f) whatever to a pension or an annuity, except the present, and he declares that his name is not on the Pension Roll of any Agency in any State, or (if any) only on that of the Agency in the State of _____ A. B.
Sworn to and subscribed the day and year aforesaid.
A. B.
[And then will follow the certificate of the Court.]
And the said Court do hereby declare their opinion (g) that the above named applicant was a revolutionary soldier, and served as he states.
I do hereby certify (A) that the foregoing contains the original proceedings of the said Court in the matter of the application of _____ for a pension.
In testimony whereof I have hereunto set my hand and seal of office (i) this day of _____ &c.
If, on examination of the proper record the names of applicants, making such declaration, cannot be found, they will produce such proof as the rule given in note (j) points out.
Every applicant who claims a pension by virtue of service in the State Troops, Volunteers or Militia, except those who belonged to the New Hampshire Militia and State Troops of Virginia, will make and subscribe a declaration similar to the foregoing, with the following additions, viz:
(k) We, A. B., a Clergyman, residing in the hereby certify, that we are well acquainted with subscribed and sworn to the above declaration; that we believe him to be years of age; that he is reputed and believed, in the neighborhood where he resides, to have been a soldier of the Revolution, and that we concur in that opinion.
Sworn and subscribed the day and year aforesaid.
[And then will follow the certificate of the Court.]
And the said Court do hereby declare their opinion, after the investigation of the matter, and after putting the interrogatories prescribed by the War Department, that the above named applicant was a Revolutionary Soldier, and served as he states. And the Court further certifies, that it appears to them that A. B. who has signed the preceding certificate is a clergyman, resident in the
who has signed the preceding certificate is a clergyman, resident in the and that C. D., who has also signed the same is a resident in the and is a credible person, and that their statement is entitled to credit.
I, _____ Clerk of the Court of _____ do hereby certify that the foregoing contains the original proceedings of the said Court, in the matter of the application of _____ for a pension.
In testimony whereof, I have hereunto set my hand and seal of office, this _____ day of _____, 19____ &c.
Every applicant will produce the best proof in his power. This is the original discharge or commission; but if neither of these can be obtained, the party will so state under oath, and will then procure, if possible, the testimony of at least one credible witness, stating in detail his personal knowledge of the services of the applicant, and such circumstances connected therewith, as may have a tendency to throw light upon the transaction.
If such surviving witness cannot be found, the applicant will so state in his declaration (1) and he will also, whether he produce such evidence or not, proceed to relate all the material facts, which can be useful in the investigation of his claim, and in the comparison of his narrative with the events of the period of his alleged service, as they are known at the Department. A very full account of the services of each person

will be indispensable to a favorable action upon his case. The facts stated will afford one of the principal means of corroborating the declaration of the applicant, if true, or of detecting the imposition, if one be attempted; and unless, therefore, these are amply and clearly set forth, no favorable decision can be expected. All applicants will appear before some Court of Record in the County, in which they reside, and there subscribe and be sworn to, one of the declarations above provided, according to the nature of his case.
The Court will propound the following (m) interrogatories to all applicants for a pension, on account of service in the Militia, State troops, or Volunteers, except the Militia of New Hampshire and the State troops of Virginia.
 1. Where and in what year were you born?  2. Have you any record of your age, and if so, where is it?  3. Where were you living when called into service; where have you lived since the Revolutionary war, and where do you now live?  4. How were you called into service; were you drafted, did you volunteer, or were you a substitute? And if a substitute, for whom?  5. State the names of some of the Regular Officers, who were with the troops, where you served; such Continental and Militia Regiments as you can recollect, and the general circumstances of your services.  6. { To a Soldier. { Did you ever receive a discharge from the service, and if so, by whom was it given and what has become of it? { To an Officer. { Did you ever receive a commission, and if so, by whom was it signed, and what has become of it?  7. State the names of persons to whom you are known in your present neighborhood, and who can testify as to your character for veracity, and their belief of your services as a soldier of the Revolution. 
The Court will see that the answers to these questions are embodied in the declaration, and they are requested to annex their opinions of the truth of the statement of the applicant.
The applicant will further produce in Court, if the same can be done, in the opinion of the Court, without too much expense and inconvenience to him, two respectable persons --one of whom should be the nearest clergyman, if one lives in the immediate vicinity of such applicant, who can testify, from their acquaintance with him, that they believe he is of the age he represents, and that he is reputed and believed in the neighborhood to have been a Revolutionary soldier, and that they concur in that opinion. If one of these persons is a Clergyman, the Court will so certify, and they will also certify, to the character and standing of other persons, giving such certificates.
The traditional evidence of service is deemed very important, in the absence of any direct proof, except the declaration of the party. And the Courts are requested to be very particular in the enquiry whether the belief is general, and whether any doubts have ever existed upon the subject.
Applicants unable to appear in Court by reason of bodily infirmity, may make the declaration before required, and submit to the examination, before a Judge or Justice of a Court of Record of the proper county, and the Judge or Justice will execute the duties, which the Court is herein requested to perform, and will also certify that the applicant cannot, from bodily infirmity, attend the Court.
Whenever any official act is required to be done by a Judge or Justice of a Court of Record, or by a Justice of the peace, the certificate of the Secretary of State or Territory, or of the proper Clerk of the Court or County, under his seal of office, will be annexed, stating that such person is a Judge or Justice of a Court of Record, or a Justice of the Peace, and that the signature annexed is his genuine signature.
No payments can be made on account of the services of any person, who may have died before the taking effect of the act of June 7, 1832; and in case of death subsequent thereto, and before the declaration herein required is made, the parties interested will transmit such evidence as they can procure, taken and authenticated before a Court of Record, showing the services of the deceased, the period of his death, the opinion of the neighborhood respecting such services, the title of the claimant, and the opinion of the Court upon the whole matter.
[a] The declarant must appear in open Court, unless prevented from doing so by reason of bodily infirmity; in which case the declarant will follow the rule laid down for his guidance.
[b] The declarant must make his declaration in the county where he resides. If he should fail to do so, he must assign a sufficient reason for not conforming to the rule.
[c] The age of the claimant must invariably be mentioned.
[d] The declarant must mention the period or periods of the war when he served.
[e] Every continental officer or soldier must give the name of the Colonel under whom he served; otherwise a satisfactory examination of the claim cannot be had. Every claimant must state, with precision, the length of his service, and the different grades in which he served, in language so definite as to enable the Department to determine to what amount of pension he is entitled. In a case where the applicant cannot, by reason of the loss of memory, state precisely how long he served, he should amend his declaration by making an affidavit in the following words:
"Personally appeared before me, the undersigned, a Justice of the Peace, &c. A. B. who, being duly sworn, deposeth and saith, that, by reason of old age, and the consequent loss of memory, he cannot swear positively as to the precise length of his service; but, according to the best of his recollection, he served not less than the periods mentioned below, and in the following grades:—For _____ year _____ months, and _____ days, I served as a _____. For _____ months and _____ days, I served as a _____; and for such service I claim a pension."
It is important, in all cases, to determine with precision the period for which each applicant served, and the particular rank he held, as the law directs the pension to be paid according to the grade of the pensioner and the length of his service. The use of the phrase about three or four months , is too indefinite, and all such qualifying expressions are objectionable. Some persons who apply for pensions merely state that they served two years in the militia, &c without specifying the tours, the names of the officers, and other particulars respecting their service. This form of a declaration is highly objectionable. It must, in every case, be clearly shown under what officers the applicant served; the duration of each term of engagement; the particular place or places where the service was performed; that the applicant served with an embodied corps called into service by competent authority; that he was either in the field or in garrison; and for the time during which the service was performed, he was not employed in any civil pursuit.
[f] The law makes the relinquishment indispensable.
[g] The opinion of the Court is always required.
[h] The Clerk must give his certificate in every case.
[i] The Clerk must affix his seal, and if it has no device or inscription by which it can be distinguished from any other seal, or if he has no public seal of office, the certificate of a Member of Congress, proving the official character and signature of the certifying officer, should accompany the papers.
Mode of authenticating papers.
In every instance where the certificate of the certifying officer who authenticates the papers is not written on the same sheet of paper which contains the affidavit, or other papers authenticated, the certificate must be attached thereto by a piece of tape or narrow ribbon, the ends of which must pass under the seal of office of the certifying officer, so as to prevent any paper from being improperly attached to the certificate.
Proof of Service.
[j] In a case where the name of the applicant is not found on the records of the Department, he must prove his service by two credible witnesses, who are required to set forth in their affidavits the time of the claimant's entering the service, and the time and manner of his leaving the same, as well as the regiment, company, and line to which he belonged. The magistrate who may administer the oaths must certify to the credibility of the witnesses, and the official character and signature of the magistrate must be certified by the proper officer, under his seal of office.
[k] The notes from [a] to [j] are all equally applicable to the cases of Militia men, Volunteers and State Troops. The proof required by rule in note [j] applies to continental troops only.
[l] This traditional evidence is indispensable in militia cases.
[m] If a witness cannot be found, the declarant must state the fact.
[n] The answers to the interrogatories must all be written, and sent to the War Department, with the declaration.
W. R. Furness

Rev. and 1812 Wars Section.
February 25, 1927
Miss Frankie Hawkins c/o The News-Press St. Joseph, Mo
Madam:
I have to advise you from the papers in the Revolutionary War pension claim S. 5376, it appears that Samuel Faulconer was born July 15, 1757 in Orange County, Virginia.
While residing in Spotsylvania County, Virginia, he enlisted and served as a private in the Virginia Troops, as follows-
Three months in Captain McWilliams' Company; later three months in Captain John Scott's Company, and in the same year, three months in Captain Francis Coleman's Company, and was at the Siege of York. No dates stated.
He was allowed pension on his application executed February 4, 1833, while a resident of Spotsylvania County, Virginia.
There is no data on file as to family.
Respectfully,
WINFIELD SCOTT Commissioner.

Rev War
5376
INVALID.
File No. 5376
Samuel Faulkner
Pri Rev. War.
Act: June 7 th 1832
Index: —Vol. M , Page 120
[Arrangement of 1870.]
1927 Feb. 25 - Hist. to Frankie Hawkins See letter in Joseph Faulkner W. 8805 aw 3.

Payments to be made at Richmond by the Presd. U.S. Br. Bank Agent for paying Pension- ers, in the Agency of Virginia
FINAL PAYMENT VOUCHER
Received from GAO
Recorded in the Pension Of- fice, in Book E. Vol. 6 Page by Wm Miller Clerk.

WAR DEPARTMENT.
Revolutionary Claim.
I certify that, in conformity with the law of the United States of the 7th June, 1832, Samuel Faulconer of the State of Virginia who was a private in the war of the revolution
is entitled to receive Thirty dollars and _____ cents per annum, during his natural life, commencing on the 4th of March, 1831, and payable semi-annually on the 4th of March, and 4th of September, in every year.
Given at the War Office of the United States, this 9 th day of May one thousand eight hundred and thirty-three
J. W. Foster
Secretary of War.
Examined and } Countersigned. }
J. L. Edwards
Commissioner of Pensions.

10/64
Sam. Fudeconer
25 5/32 m 2 .
4. March 1881.
9. April 1883.
$62:91.
Power ofatty. March a 1881. 60 - 2.30 41 4 apd. 5 days.
395 - 1200 41. 10 1/2 300
FINAL PAYMENT VOUCHER
Received from GAO

State of Pa Spotsylvania County } to wit
Be it known that before me James A. Hillard
a justice of the peace in and for said County, personally appeared James Falconer & made oath in due form of law that he is the identical James Falconer named in the proceedings of the Court for Spotsylvania County held the 5th day of August 1833 & a certified copy of which is hereto annexed. That he is the only child & representative of Samuel Falconer the pensioner named in an original certificate in his possession of which I certify the following is a true copy
War Department
Revolutionary claim
"I certify that in conformity with the law of the United States passed June 7th 1832 Samuel Falconer of the State of Virginia who was a private in the war of the revolution is entitled to receive thirty dollars per annum during his natural life, commencing on the 4th of March 1831 and payable semiannually on the 4th of March and the 4th of September in every year
Given at the War office of the United States this 9th day of May one thousand eight hundred and thirty three
Examined and Countersigned
J. L. Edward Commissioner of Pensions
Lewis Cass Secretary of War
That he is entitled as the sole child of the said Falconer to his said pension of thirty dollars per annum on account of the services rendered by him the said Falconer to the United States during the revolutionary war, up to the 9th day of April 1833 at which time the said pensioner departed this life.
Sworn & subscribed to this 12th day of August 1833
James A. Hillard J. P.
James Falconer

Know all men by these presents, That I James Faulconer do hereby constitute and appoint Thomas G. Moorehouse my true and lawful attorney for me and in my name to receive from the agent of the United States for paying pensions in Richmond, State of Virginia the pension of Samuel Faulconer from the 4 th of March 1831 to the 9 th of April 1833, due to me as the only child of said Pensioner
Sealed & delivered on this 12 th day of August
in presence of Wyatt D. Smithwick
State of Virginia County of Spotsylvania to wit
James Faulconer
Be it known that on the 12 th day of August 1833 before the subscriber personally appeared James Faulconer above named and acknowledged the foregoing power of attorney to be his act and deed
In testimony whereof I have hereunto set my hand the day and year first above mentioned -
James A. Hilliard Justice of Peace in and for the County aforesaid.
State of Va. Spotsylvania County, to wit
I Richard L. Stevenson clerk of Spotsylvania County do hereby certify that the annexed and preceding certificates were of the peace in and for the County aforesaid, duly commissioned his official acts as such. In testimony whereof I have here
The foregoing is a true and correct copy of the original now on file in my office and of the whole thereof.

State of Virginia City of Richmond § to wit
Be it known that on the 25 th day of September 1833 before the subscriber a justice of the Peace in and for the County  City aforesaid personally appeared Thos G Moncure the attorney named in the fore- going power of attorney and made oath that the same was not given to him by reason of any sale transfer or mortgage of the pension or arrears of pension therein authorized to be received by him
Sworn & subscribed the day and year last above-mentioned before me interlined before signed Thos G Moncure
By the State Statute
James County Court in the State of Virginia do hereby certify that I was at the time of signing the above and now is an acting justice and qualified and that full faith and credit is due to all who set my hand and affix the seal of my office this 27th day of August one thousand eight hundred and thirty three R. L. Stevenson C.

Virginia
A Court held for Spotsylvania County the 5th day of August 1833.
The Court after the examination of the witnesses to the order it, to be certified, that it appears to their satisfac- tion that Samuel Faulconer late a resident of the said County was a pensioner under the act of Congress passed June 1832, that he departed this life on the 9th day of April 1833 without leaving any children, and leaving James Faulconer his only child, that he made and duly published his last Will and Testament in which the said James Faulconer is appointed the sole devisee of his property real and personal, and also the executor of his said Will, and that the said James Faulconer has undertaken the execution and execution thereof.
I Richard L. Stevenson Clerk of the Court of Spotsylvania County in the state of Virginia do certify that the foregoing is a true copy from the records of the said Court.
In testimony whereof I have hereunto set my hand and affixed the seal of my office the fifth day of August One thousand eight hundred and thirty three
R. L. Stevenson